CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The European Aviation Safety Authority (EASA) has issued AD 2009-0001 affecting Airbus A330 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/99, which will become effective on 12 March 2009.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. This Act grants the authority to issue regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. This legislative framework ensures that CASA, as Australia’s national airworthiness authority, can mandate safety requirements by assessing and implementing ADs issued by the relevant State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types. The process ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards, and that CASA acts in accordance with its statutory responsibilities without the need for public consultation on each AD issued.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These ADs, which are considered legislative instruments, are issued in response to international obligations under the Convention on International Civil Aviation, particularly those set out in Annex 8. Specifically, under regulation 39.001, CASA is empowered to issue ADs for particular kinds of aircraft or aeronautical products to ensure their continuing airworthiness. The State of Design, such as France for Airbus A330 model aircraft, is responsible for issuing ADs for aircraft types, and CASA must assess these directives and issue corresponding Australian ADs where necessary. This process is conducted without public consultation, as determined by the Office of Regulatory Review, which found that ADs do not require a Regulatory Impact Statement. The issuance of ADs is thus a critical mechanism for maintaining safety standards in civil aviation, applicable to aircraft registered in Australia and mandated by international agreements.
Key Provisions
The Civil Aviation Act 1988 and its accompanying regulations, particularly under section 98 and regulation 39.001, allow the Governor-General to establish regulations for air navigation safety, while CASA can issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These directives are essential for ensuring the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, which must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue an Australian AD if appropriate. For example, in response to EASA's AD 2009-0001 for Airbus A330 model aircraft, CASA issued AD/A330/99, effective from 12 March 2009.
The obligations imposed by these regulations on parties and entities include ensuring the continuing airworthiness of aircraft by adhering to the ADs issued by CASA. The State of Design is responsible for issuing initial ADs, while the State of Registry, in this case, CASA, must assess and, if necessary, implement Australian ADs. This process ensures that all relevant aircraft meet the safety standards required by international conventions and Australian regulations. These directives mandate specific actions or modifications to be performed on the aircraft to maintain their airworthiness.
Breach of the requirements outlined in the airworthiness directives can lead to significant consequences. While the specific penalties are not detailed in the provided text, breaches of aviation safety regulations generally attract severe penalties, including fines and potential imprisonment. Under the Acts Interpretation Act 1901, ADs are considered disallowable instruments, meaning they can be subject to parliamentary review. Non-compliance with ADs can also result in grounding of the affected aircraft, further enforcing the importance of adhering to these safety mandates. The Legislative Instruments Act 2003 also plays a role in the regulation of these directives, ensuring they are properly implemented and reviewed as legislative instruments.